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Terms & Conditions

1. DEFINITIONS

1.1 The following words shall have the following meanings:„Access Provider“ means the company which provides the Customer‘s telephone line(s) and associated telephone number(s), from which yourtel Ltd rents such line(s) and number(s);„Agreement“, means these terms and conditions, the Customer Application (including any Customer Authorisation Form) and the yourtel Ltd Code of Practice which together constitute a legally binding agreement between the Customer and yourtel Ltd; „Comreg“ means the Commission for Communications Regulation which is the national regulatory authority for the electronic commu- nications market in Ireland;“Confirmation of Order” means the document that is sent to you after you have taken up a contract with yourtel Ltd. The Confirmation of Order contains all information regarding pricing. “Cooling-Off Period” has the meaning set out in clause 9;„Customer“ means the person(s) using the Service whose details are provided in the Customer Authorisation Form for the Service;“Customer Application” means the Customer’s application for the Services whether in writing, on-line or via TPV (as described below);„Customer Authorisation Form“ means a form completed by the Customer to approve the provision of the Service and which contains all necessary information. This information may also be captured via TPV or sign up over the Internet as per the specified processes.„Data Protection Legislation“ means the Data Protection Acts 1988 and 2003 and any amendment, replacement or supplement thereto, from time to time;„DSFA“ means the Department of Social and Family Affairs;„DSFA Scheme“ means the DSFA telephone allowance scheme operated by the DFSA from time to time, to which yourtel Ltd shall adhere to in charging a Customer who is eligible under the scheme;„Equipment“ means a telephone or other equipment of the AccessProvider or yourtel Ltd that is located on the Customer‘s premises;„Line Rental Charges“ means the charges for telephone line rental as specified in the Guide; “Minimum Period” only for DSL Broadband which means you are signing a contract for 6 months from date of first billing.„National Directory Database or NDD“ means the record of all subscribers of publicly available telephone services in the State, including those with fixed, personal and mobile numbers, who have not refused to be included in that record;„Network“ means the Telecommunications system used by yourtel Ltd for the provision of the Service pursuant to its General Authorisation granted under Regulation 8 of the European Communities (Electronic Communications Networks and Services) Regulations, 2003; “Off-Peak” applies 6pm - 8am, Mon - Fri, midnight Fri - 8am Mon and public holidays;“Order Date” means the date on which the order is placed. This can be either in writing, via internet or on the phone.“Service” means the service to be provided by yourtel as set out in the Confirmation of Order. “Service provider” - all calls are being provided by yourtel and not eircom Limited (“eircom”). While yourtel is responsible for providing your telephone calls, eircom continues to be responsible for providing your line rental (and any other services you have purchased from eircom). You will continue to receive two bills for your telephone services for the applicable bill period – one from us for the value of calls made, and one from eircom as regards your line rental and any other services you may have purchased from eircom.„Start Date“ means the “go-live” date from which your account will become active and yourtel Ltd will commence providing the Services. yourtel Ltd will communicate an estimated Start Date to you in advance but this date is not guaranteed;„Telecommunications Scheme“ means the Eircom Telecommunications Scheme, 2003 available on www.eircom.ie.„Third Party Verification” or “TPV“ means the independent means of verifying a Customer‘s consent and obtaining the information from the Customer required to approve the provision of the Service. It is conducted via the telephone, with a recording of the call serving as a record of the Customer‘s consent.„yourtel Ltd“, „we“ „us“ means yourtel Ltd., Block 4, Harcourt Centre Harcourt Street, Dublin 2, the provider of the Service under the Agreement;

2. Commencement of Service and Minimum Term2.1 This Agreement shall commence and the Customer shall be de- emed to have accepted that he/she is bound by, and has agreed to comply with, the terms of this Agreement (as defined above) on the date of expiry of the Cooling-Off Period.2.2 The Customer warrants that all information and details provided by the Customer to yourtel Ltd in his/her Customer Application are true and accurate and the Customer shall advise yourtel Ltd immediately of any changes to that information.2.3 The Service will commence and will continue until cancelled, suspended, or terminated in accordance clauses 11 to 13, subject to any applicable Minimum Term.2.4 yourtel Ltd will use its reasonable efforts to install the service within the agreed time frame. The date at question lies 7 working days after agreeing to the contract but all dates are estimates and yourtel Ltd cannot guarantee that it will meet such dates.

3. Service3.1 This Agreement applies in respect of the provision of the Service for a home phone line. The Customer agrees that it is entering into this Agreement for personal use of the Service and is not acting in the course of its business, trade or profession.3.2 Provision of the Service by yourtel Ltd shall be conditional on receipt by yourtel Ltd of a completed Customer Authorisation Form or the required authorisation being captured via TPV.3.3 Each Customer Application for the Service shall be deemed to be in respect of individual telephone lines and not the Customer‘s entire telephone account, unless otherwise specified in the Customer Application. 3.4 The Customer accepts and acknowledges that yourtel Ltd shall have no liability for any losses or damages howsoever arising from non-provision of the Service in the event that such restrictions are not accepted by the Customer.

4. Privacy4.1 Our Privacy Policy1) yourtel Ltd (hereinafter referred to as „yourtel“ „us“ „we“ or„our“) commits itself to respectfully treat your privacy and to comply with all applicable data protection and privacy laws, especially compliances under the Data Protection Acts of 1988 and 2003.2) An ever increasing market dynamic and shorter innovation cycles make it necessary for the relationship between customers and businesses to grow closer. We acknowledge that you, our customer, likes to know about what we do with personal data. It is therefore important for yourtel to inform the customer and be transparent with the use of personal data.3) yourtel offers a broad range of products and services based on newest techniques, especially including mobile telecommunications and internet associated services.4) This policy applies to all personal data in our possession and explicitly includes the following: call traffic details, service usage data and customer information.4.2 Data Acquisition1) All customer data will be generated in a transparent process. yourtel will make you sufficiently aware of all intended purposes, that is aimed at the time of collection or will advise you prior to use.2) Data will be correct, complete and where necessary, updated.3) Data will be adequate, subject related and reasonably in relation to the purposes, for which it was obtained for.4) All generating methods (e.g. customer application forms) will have a clear informational part explaining detailed any intended use including such, that you might not be aware of.4.3 Use and Disclosure of Information1) Data will be stored only for explicit legal purposes.2) All data will be processed while staying with the purposes, for which it was obtained.3) Data will not be used or revealed in any way that would contradict the purposes, for which it was obtained.4) Revealing of data will only be made to other parties who act on behalf of yourtel or to servants acting on our directions. This will always be in direct connection of providing our service to you. If not required by law (e.g. police investigations) no revelation of data will be made to other parties for those parties own purposes or use. 5) Under no circumstances will accumulations of customer data/ information (i.e. mail listings or database information) be revealed to another party for that other party‘s exploitation or use without your explicit permission. This may include the transfer of data to other jurisdictions for processing. In these circumstances yourtel will ensure that adequate contractual and technical safeguards are in place to protect your data. All such processing will take place in compliance with all applicable laws.6) If data has been obtained for a purpose without advising you of other compatible secondary purposes for which it is subsequently to be used, the data cannot be used so without advising you.7) All Data will be retained as long as requested by applicable law.

5. Customer Care5.1 yourtel Ltd customer care number is 01 9036 056, yourtel’s fax number is 01-6968-384.5.2 yourtel Ltd customer care measurements are set out in the yourtel Ltd Code of Practice, available on www.yourtel.ie. 5.3 The Customer shall contact yourtel Ltd in the event that it wants to alter any aspect of the Service, including, but without limiting the generality of the foregoing, the addition of a telephone line, upgrades to a telephone line, change in the Call Management Services and changes in the Customer‘s premises where the Service is provided.5.4 The Customer shall raise any complaints in relation to the Service using the complaints procedure set out in the Code of Practice.5.4.1. Please name the subject of your message complaint. You may send it to: info@yourtel.ie, fax it to 01 - 6968384 or mail it to yourtel Ltd., Block 4, Harcourt Centre, Harcourt Road, Dublin 2. 5.4.2 We aim to issue a reply to your complaint within 7 days. For escalating your request, please follow the procedures outlined in the Code of Practice.

6. Payment6.1 The Customer will receive one bill from yourtel Ltd for all Charges incurred by the Customer in respect of this Service. The customer will continue to be billed separately by its Access Provider for Line Rental and where applicable equipment rental charges. The Charges will be paid as follows: (1) Line Rental and Equipment rental as agreed with the access provider. (2) All call charges will be billed monthly on postpaid basis by yourtel.

6.2 yourtel Ltd‘s tariffs for its services are stated on the confirmation of order. yourtel Ltd shall provide a paper copy of any bill.6.3 All sums due to yourtel Ltd shall be paid in full by the Customer by the due date for payment set out in the yourtel Ltd bill. Bills can be paid e.g. by Direct Debit, billpay and money transfer. This is set out again on each bill.6.4 Should the customer disagree with any charges shown on the customer’s bill, the customer is requested to lodge a complaint in accordance with yourtel Ltd’s Code of Practice, prior to the due date for payment. Notwithstanding any complaint, all billed amounts shall be paid on the bill due date pending the outcome of the complaints procedure. If, following the complaints procedure, it is established that the charges on any bill are incorrect, yourtel Ltd shall credit any overpayment to the Customer’s account.6.7 Save in the case of manifest error by yourtel Ltd, all charges shall be calculated by reference to the data recorded or logged by yourtel Ltd yourtel Ltd‘s determination in respect thereof is final.6.8 As some usage takes longer to rate, notwithstanding any other clause herein, the Customer may, at any time, be billed for charges incurred in a prior billing period.6.9 A Customer‘s eligibility under the DSFA Scheme shall be indicated by the Customer when applying for the Service. In the event that it is determined that the Customer is not, or has not been, eligible for the DSFA Scheme, the Customer acknowledges and agrees that, without prejudice to any other rights or remedies that yourtel Ltd may have under this Agreement or otherwise, any DSFA Scheme credits improperly awarded to the Customer may be recouped by yourtel Ltd in a subsequent bill from yourtel Ltd to the Customer whether during or after the term of this Agreement.6.10 Part of this contract may form the agreement about a direct debit authority for all claims of yourtel Limited. The ultimate goal of this agreement is to keep the general administration cost for each customer as low as possible. The customer’s account will be charged earliest 3 days after the bill date. The time for advance notification is a minimum of 2 days.6.11 All services of yourtel must by paid by the customer. If the customer fails to pay the outstanding amount before or on the due date, his account will be subject to penalty.6.12 Notwithstanding the before, late payment fees will be charged if payment is not made on the due date. Late payment fees will increase in conjunction with the delay from € 5.00 to € 10.00 per each reminder. In addition, reconnection fees may apply.6.13 yourtel will make reasonable effort to advice the customer of the outstanding amount and advice for possible methods of payment. yourtel reserves the right to restrict services and ultimately terminate the account.

7. Use of the Service7.1 The Customer may use the Service for consumer, domestic and/or personal purposes.7.2 The Customer undertakes not to use or permit others to use the Service or the Equipment: (i) for business purposes to sell on or supply the Service to anyone on a commercial basis; (ii) for any improper, immoral or unlawful purpose, nor cause any nuisance by the use of the Service; (iii) in any way that may cause degradation of service levels to other customers as determined by yourtel Ltd or put the Network at risk; (iii) to send unsolicited commercial communications or promotional material; (iv) for the communication, transmission, publication, transmission, distribution or dissemination of any material which is, may be or is intended to be a hoax or is of a defamatory, offensive, abusive, obscene, indecent or menacing nature or in breach of any intellectual property right; (v) for the processing of automated or manual “personal data” as defined in the Data Protection Legislation and in any event, if used for such purpose in contravention of this Agreement, to delete any such personal data prior to returning the Equipment to the access provider; or (vi) otherwise in any manner which does not comply with the terms of any applicable law, legislation, regulation, direction or any license or authorisation applicable to the Customer or any instructions given by yourtel Ltd from time to time.7.3 The Customer hereby agrees to avail of the Service subject to the provisions of the Communications Scheme in force for the time being and the provisions of any legislation, regulations, bye-laws or codes of practice applicable to such use.7.4 The Customer shall ensure that all persons having access to the Service or the Equipment comply with the terms and conditions herein stated.7.5. yourtel does not install any equipment. Contact the appropriate provider if there are any questions.7.5.1 yourtel does not provide any equipment that requires repairs. Please contact the appropriate provider if there are any concerns to be solved.7.6 The Customer shall comply with all reasonable instructions given to the Customer by yourtel Ltd in relation to the use of the Service.7.7 The Customer shall indemnify and hold yourtel Ltd harmless against all liabilities, claims, damages, losses, expenses and proceedings howsoever arising from or in any way connected with the use of the Service and/or the Equipment and/or any breach of this clause 7 by the Customer.

8. Liability8.1 Subject to the provisions of Term 6 above, yourtel Ltd shall provide the Service at all times. Yourtel Ltd shall not however be liable for any loss or damage suffered caused by any delay, failure, interruption, or deterioration to the said Service, arising from the following: A third party’s failure to supply a service to yourtel and where there is no alternative service available at a reasonable cost; A legal or regulatory obligation on yourtel preventing it from supplying the Service; Acts or omissions of other communication operators (including the access provider Failure of the Service due to incompatibility with equipment not supplied by yourtel Ltd. In such instances, you will remain liable for charges8.2 yourtel Ltd shall make reasonable efforts to prevent unauthorized access to the Service by third parties but shall have no liability to the Customer for any loss or damage caused by unauthorized third party access to Services or the Equipment.8.3 Except as expressly stated in the Agreement, all conditions, terms, warranties, guarantees and representations whether express or implied by law in relation to the provision of the Service are excluded. This does not affect your statutory rights.8.4 Under no circumstances shall yourtel Ltd be liable for any loss or damage arising as a result of any breach in the security or privacy of messages transmitted using the Service unless the breach results from the willful default of yourtel Ltd or its employees. 8.4.1 the failure of the service or equipment due to the incompatibility of the service with any equipment not supplied by yourtel Ltd;8.4.2 the acts and omissions of other communication operators (including the access provider); or8.4.3 breach in the security or privacy of messages transmitted using the service provided by us unless the breach results from the willful default of yourtel Ltd or its employees.8.5 Under no circumstances shall yourtel Ltd be liable to the customer or any third party whether under contract, tort, statute or otherwise, for any indirect, economic, special or consequential loss, loss of profits, loss of data or loss of use of data, howsoever arising as a result of the customer’s use of the service or the equipment or otherwise in connection with this agreement.8.6 Without prejudice to the exclusions of liability set out in this clause, yourtel Ltd’s entire aggregate liability to the customer or any third party for any and all claims, howsoever arising out of or in connection with this agreement and whether under contract, tort, statute or otherwise, shall not exceed the lesser of (i) the total charges paid by the customer to yourtel Ltd in the 12 months prior to the date of the last event giving rise to such claim(s) and (ii) €1,000, provided that this shall not operate to exclude any minimum liability imposed by statute.8.7 This Clause 8 shall continue to apply notwithstanding termination of this Agreement for any reason whatsoever or howsoever arising.8.8 For the avoidance of doubt, any limitation or exclusion of liability under these terms and conditions shall only be to the extent permitted by law. Nothing in this Agreement shall limit or exclude yourtel Ltd’s liability to the Customer for personal injury or death.

9. Customer Right of Cancellation9.1 The Customer shall have the right to cancel the Service without penalty (subject to clause 9.2 below) within fourteen (14) days of placing an order with yourtel Ltd (“Cooling-Off Period”) by giving yourtel Ltd notice in writing during the Cooling-Off Period that it wishes to (i) disconnect its line; or (ii) transfer to the Access Provider or another operator (in which case it must also notify the Access Provider or other operator during the Cooling-Off Period).9.2 If the Customer exercises the right of cancellation set out in paragraph 9.1, the Customer shall be liable for any Charges for usage (including line rental and call charges) actually incurred up to and including the date of disconnection (which shall be no later than 72 hours after receipt of notice of cancellation), or, in the case of transfer to the Access Provider or another operator, up to and including the effective date of such transfer, and for any costs incurred in the return of the Equipment. yourtel Ltd. shall refund any remaining Charges which have been paid in advance by the Customer in respect of the Service.

10 Suspension/Barring of the Service10.1 Without prejudice to any of its rights of termination under clause9, yourtel Ltd reserves the right to temporarily bar, suspend, restrict, and/or disconnect the Customer’s use of the Service (collectively “suspension”) at any time for non-payment of the Charges (in accordance with the terms of yourtel Ltd’s Code of Practice and clause 6.11/6.12 of this terms and conditions) or for any other breach of this Agreement whatsoever. yourtel Ltd shall use reasonable endeavours to contact the Customer, but shall not be obliged to contact the Customer, prior to any such suspension of the Service.10.2 yourtel Ltd shall be entitled to maintain suspension of the Service under clause 10.1 until any breach is remedied to yourtel Ltd’s satisfaction.10.3 If the Service is suspended in accordance with this Agreement, the Customer will be able to make emergency calls only.10.4 The Customer shall remain liable to pay the Charges throughout any period of suspension of the Service.10.5 yourtel Ltd shall be entitled to charge a reconnection fee of€50.00 (incl. VAT) on reconnection of a Customer following any temporary period of suspension under clause 10.1.10.6 yourtel Ltd may suspend the Service from time to time, without liability, for the alteration, improvement or maintenance of the Network or the Services.

11. Termination/Transfer of Service11.1 Save where a Customer exercises its right of cancellation under clause 9, or as otherwise expressly provided in the Code of Practice, monthly Charges which are required to be paid in advance by the Customer shall not be refunded on termination of this Agreement for any reason.11.2 Without prejudice to its right of cancellation under clause 9.1, the Customer may transfer the provision of the Service at any time either without notice, by procuring the transfer of the relevant telephone line to the Access Provider or another operator.11.3 Neither party may terminate the Contract during any applicable Minimum Period other than as provided herein. Should the Customer terminate its Contract prior to the end of any applicable Minimum Period, the Customer shall be liable for the Termination Charge being the balance of the remaining unexpired contract and authorizes yourtel Ltd to debit the Termination Charge from the Customer‘s bank account in accordance with paragraph 2.311.4 After the Minimum Period, you may cancel or terminate the Service by giving yourtel Ltd one month’s notice in writing. 11.5 The Customer must contact the Access Provider or other operator to transfer its line under clauses 9.1 or 11.2 and termination shall only take effect once any such transfer has occurred. The Customer acknowledges that yourtel Ltd shall continue to provide the Service and the Charges shall continue to apply pending any such transfer.11.6 yourtel Ltd shall be entitled to terminate this Agreement and cease providing the Service forthwith without notice (giving only retrospective notice) if:11.6.1 the Customer is in material breach of this Agreement (inclu-ding non-payment of the Charges in accordance with the Code ofPractice);11.6.2 the Customer is in breach of any term of this Agreement and has failed to remedy such breach within 30 days of a notice from yourtel Ltd requiring the Customer to remedy such breach;11.6.3 the Customer is in breach of clause 7;11.6.4 the Customer uses the Equipment otherwise than as permitted under this Agreement;11.6.5 any information supplied by the Customer to yourtel Ltd is false or misleading;11.6.6 yourtel Ltd is obliged to comply with an order, instruction or request of Government, COMREG, an emergency service organization or other competent authority;11.6.7 the Customer is suspected of involvement with fraud or acts which are of defamatory, offensive, abusive, obscene, menacing, unsuitable or unlawful character in connection with use of the Service;11.6.8 the Customer dies, becomes mentally ill or becomes the subject of bankruptcy or insolvency proceedings in any jurisdiction or has become unable to pay its debts as they fall due.11.7 yourtel Ltd shall be entitled to terminate this Agreement immediately by giving the Customer notice if any event of Force Majeure continues for a period of 30 days or longer.11.8 yourtel Ltd shall be entitled to effect termination under clauses 11.6 or 11.7 either by disconnecting the Customer or by transferring the Customer back to the Access Provider.11.9 The termination or suspension of this Agreement or default of the Customer hereunder shall not affect the accrued rights and obligations of the parties under the Agreement.11.10 Without prejudice to the generality of clause 11.9, on termination of the Agreement, all Charges accrued by the Customer shall become immediately due and payable and, following termination, the Customer shall continue to pay the Charges accrued during the term of the Agreement or Minimum Term in accordance with Clause 6 hereof. On termination, the Customer shall return any Equipment received from yourtel Ltd in respect of the service to yourtel Ltd On cancellation or termination of this Agreement, any other agreement between Customer and yourtel Ltd in respect of the same line shall automatically terminate.

12. Force Majeure12.1 Neither party shall be held in breach of its obligations hereunder (except in relation to obligations to make payments) nor be liable to the other party for any loss or damage which may be suffered by the other party due to any cause beyond its reasonable control including, without limitation, failure of the Access Provider’s networks or services, any act of God, failure, interruption of power supplies, flood, drought, lightning or fire, strike, lockout, trade dispute or labour disturbance, acts or omissions of Government, highway authorities or other circumstances beyond the control of the parties (“Force Majeure”).

13. Assignment13.1 yourtel Ltd may assign this Agreement without consent provided that any Assignee shall be bound by the same obligations as yourtel Ltd under this Agreement.13.2 The Customer shall not assign this Agreement in whole or in part without the prior written consent of yourtel Ltd.

14. Waiver14.1 Failure by either party to exercise or enforce any right conferred by this Agreement shall not be deemed to be a waiver of any such right and does not operate so as to bar the exercise or enforcement thereof, or of any such right or any other right on any later occasion.14.2 Any deficiency in the Customer‘s authority to avail of the Service or to use the Equipment shall not preclude reliance by yourtel Ltd on any of its rights under this Agreement.

15. Notice15.1 yourtel Ltd shall send all notices to the Customer (i) in writing to the Customer‘s billing address as provided on registration; and/or (ii) on the Customer‘s bill; and/or (iii) by placing same on the yourtel Ltd website; and/or (iv) via national newspapers.15.2 Customer shall send all notices to the address that appears on the last written correspondence sent by yourtel Ltd to the Customer or such other address as may be prescribed by yourtel Ltd for the purpose.15.3 Notice given by post or via the yourtel Ltd website shall be deemed served 48 hours after posting or on earlier proof of delivery. Notice given by yourtel Ltd in national newspapers shall be deemed served on the date of publication.

16. Use of Information16.1 yourtel Ltd shall process your personal data (as defined in the Data Protection Legislation) in accordance with the Data Protection Legislation.16.2 Any information obtained by yourtel Ltd through an application for or the use of the Service may be accessed and used by yourtel Ltd and its Affiliates, agents and sub-contractors for the purposes of credit references, accurate billing and efficient operation of the Service, including disclosure to and retention by the Access Provider in connection with the operation, suspension and/or termination of the Service and for the insertion, change and deletion of the SB-WLR Customer Listing by yourtel Ltd and/or the Access Provider. The Customer shall be deemed in accepting these terms and conditions to have given consent for the use of his information for such purposes. The use of such information for purposes other than those outlined in this Agreement shall be subject to the Customer‘s consent as given in its Customer Application and the Customer Authorisation Form.16.3 yourtel Ltd may use Customer’s contact details from time to time to contact Customer about yourtel Ltd promotions, products or services which may be available to Customer or to send Customer details of such promotions, products or services. Customer may indicate in its Customer Application or contact yourtel Ltd at any time that it does not wish to receive such communications.

17. Miscellaneous17.1 This Agreement (comprising these terms and conditions, the Customer Application and yourtel Ltd’s Code of Practice), constitute the entire agreement between the parties in relation to the Service and, for the avoidance of doubt, supersede any terms which may have governed the provision of the CPS Residential Calling Service to the Customer. In the event of conflict between any of the documents incorporated in this Agreement, the following order of precedence shall apply:1. These terms and conditions;2.The customer application 3. yourtel Ltd Code of Practice;17.2 yourtel Ltd reserves the right to alter any terms of this Agreement for legal, technical, operational or commercial reasons, or to terminate any package or change its tariffs. The latest Terms and Conditions and Code of Practice will be available on www.yourtel.ie. Notwithstanding any other provision of this Agreement, yourtel Ltd shall give notice for the purposes of this clause by either publishing notice in a national newspaper, publishing notice on its website or by notifying the Customer in writing or any combination of the foregoing. In the event of any such alteration, the Customer shall have the ability to terminate the Service without penalty during the notice period, subject to payment by the Customer of all Charges due to date.17.3 Any dispute that arises in relation to this Service shall be dealt with in accordance with the dispute process contained in the section entitled „Code of Practice“ as amended from time to time on Fehler! Hyperlink-Referenz ungültig.17.4 If any provisions of the Agreement are held to be unenforceable, illegal or void in whole or in part the remaining portions of the Agreement (and the remaining portion of such provisions) shall remain in full force and effect.17.5 This Agreement shall be governed by and construed in accordance with Irish law and the parties hereby submit to the exclusive jurisdiction of the Irish Courts.